¶10 With respect to the standard of review, we emphasize that weighing the relevant factors for relief pursuant to C.R.C.P. 60(b)(1) remains within the province of the trial court. Sebastian v. Douglas Cnty. , 2016 CO 13, ¶ 18, 366 P.3d 601, 606. Thus, we review a trial court's order to set aside a default judgment under C.R.C.P. 60(b) for an abuse of discretion.

[19] ¶ 18 Divisions of this court have already applied Graham when evaluating § 1983 excessive force claims. See, e.g., Sebastian v. Douglas County, 2013 COA 132, ¶ 22, 370 P.3d 175, aff’d, 2016 CO 13, 366 P.3d 601; Martinez v. Harper, 802 P.2d 1185, 1187 (Colo. App. 1990). And as best we can discern, the parties agree that Graham should also apply to excessive force claims brought under section 13-21-131.

[1] ¶ 13 As noted, the typical course for challenging a default judgment based on a failure to respond to the complaint is to move to set aside the default judgment in the district court, and then, if the motion is denied, to appeal that denial. See C.R.C.P. 55(c); C.R.C.P. 60(b); McMichael v. Encompass PAHS Rehab. Hosp., LLC, 2023 CO 2, ¶ 10, 522 P.3d 713; Sebastian v. Douglas County, 2016 CO 13, ¶¶ 2, 18, 366 P.3d 601.This opinion only addresses default judgments entered after a party does not respond to the complaint.

A court abuses its discretion when its decision is manifestly arbitrary, unreasonable, or unfair, or misapplies the law. Sebastian v. Douglas Cty. , 2016 CO 13, ¶ 18, 366 P.3d 601 ; In re Estate of Runyon , 2014 COA 181, ¶ 9, 343 P.3d 1072. ¶11 A default judgment comprises two steps: "entry of default" by the clerk and "entry of default judgment" by the court.

Thus, "mere negligence or recklessness is insufficient" to sustain a § 1983 due process claim. Sebastian v. Douglas County, 2013 COA 132, ¶ 20 (citation omitted), aff'd, 2016 CO 13; see also Daniels, 474 U.S. at 328 ("[T]he Due Process Clause is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property.").

Sheriff's Off. , 2021 COA 122, 500 P.3d 1140 ; for wrongful death, Duke v. Gunnison Cnty. Sheriff's Off. , 2019 COA 170, 456 P.3d 38 ; for denying a concealed carry permit, Seguna v. Maketa , 181 P.3d 399 (Colo. App. 2008) ; in replevin actions, Woo v. El Paso Cnty. Sheriff's Off. , 2020 COA 134, 490 P.3d 884, aff'd on other grounds , 2022 CO 56, 528 P.3d 899 ; for civil rights violations, Sebastian v. Douglas County , 2016 CO 13, 366 P.3d 601 ; and for records requests, Freedom Colo. Info., Inc. v. El Paso Cnty. Sheriff's Dep't , 196 P.3d 892 (Colo. 2008). ¶ 26 Moreover, section 30-10-522, C.R.S. 2022 provides as follows: